Upland Nursing Home Abuse Lawyer

Top Upland Nursing Home Abuse Attorney

If you or a loved one has faced nursing home abuse in Upland, California, you are most likely entitled to both compensation and justice. Whether your loved one resides in a home near Upland Memorial Park or off North Mountain Avenue, it is time to stand up and stop this unfair treatment in its tracks. Even if you simply suspect abuse and do not yet have proof, an Upland nursing home abuse lawyer can help you in a potential claim.

Work With the Team at Belgum, Fry & Van Allen

For the last several years, the team at Belgum, Fry & Van Allen has dedicated its existence to helping individuals across the state of California who have been harmed in a wide variety of personal injury cases, including those related to nursing homes, assisted living facilities, and overall elder abuse. If you or a loved one has been harmed by the very people meant to care for you, we are here to fight for justice and secure the monetary compensation you deserve.

Common Situations of Nursing Home Abuse

In the United States, an estimated five million people over 60 are the victims of abuse each year. The most common situations of nursing home abuse that the lawyers at Belgum, Fry & Van Allen have handled through the years include the following:

• Any bleeding or bruising around the genitals that is indicative of sexual abuse
• Medication errors, including but not limited to the prescribing of unnecessary medications
• Serious injuries that go untreated, such as broken bones from a fall
• Weight loss caused by malnutrition or any dehydration
• Lack of necessary medical care for infections and other issues
• Bedsores and the overall lack of proper hygiene
• Staffing issues that can cause harm, such as the lack of staff training or understaffing
• Repeated falls within the nursing home that should have been reasonably preventable

If your loved one has suffered any of these issues in their Upland, California, nursing home, it is crucial that you reach out to an attorney at your earliest convenience. Justice may be a phone call away.

Warning Signs of Abuse in Nursing Homes

Nursing home abuse is not always obvious. Residents may be unable or afraid to describe what has happened to them, so families should watch for physical, emotional, and financial warning signs. Concerns may include:

• Unexplained bruises, cuts, or other injuries
• Sudden weight loss, dirty clothing, bedsores, or complaints of dehydration
• Sudden fear, depression, or other changes in behavior
• Flinching around certain caregivers or asking not to be left alone with members of the staff
• Missing money, unusual bank account withdrawals, or unexpected changes to legal documents
• Torn or stained underwear, genital injuries, or sexually transmitted diseases
• Medication errors, excessive sedation, or a sudden decline in health
• Unsafe rooms, soiled bedding, unreturned calls, or inadequate supervision

While one sign of abuse may not be enough to file a legal claim, it’s certainly enough for family members to start paying closer attention to the level of care their loved one is receiving. If negligence is found, know that there could be severe nursing home abuse penalties for facilities and staff to face.

Damages You Can Recover in a Nursing Home Abuse Claim in Upland

Across California, nursing home abuse is a common issue. In fact, two out of every three nursing home or long-term care facility staff members admit to taking part in some form of abuse during their careers. When these incidents of abuse arise, you and your loved ones are entitled to certain forms of compensation. At Belgum, Fry & Van Allen, we are here to help you recover the following kinds of compensation:

• Economic damages. Compensation for these damages is that which can be assigned a monetary value. It can include, but is not limited to, any medical bills associated with the abuse, the coverage of any necessary movement to a new care facility, the replacement of any stolen assets, and the payment of any necessary mental health counseling the victim needs as a result of the abuse.
• Non-economic damages. These damages are more difficult to assign a monetary value, as they are not tangible items. These damages can provide compensation for the loss of the enjoyment of life, loss of the quality of life, physical and emotional pain and suffering, and any mental distress or anguish that arises as a result of the abuse.
• Punitive damages. Though these damages are rarely awarded in cases of nursing home abuse or neglect, they can add a significant amount of value to your claim. These damages come into play if the courts determine that the liable party acted in a particularly egregious or negligent way. These damages are also intended to punish the liable party and deter them from taking such action again.

Understanding the Elder Abuse and Dependent Adult Civil Protection Act

California has numerous nursing home abuse laws, particularly the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This law provides additional legal protections for adults who may be especially vulnerable to abuse or neglect. Specifically, California Welfare and Institutions Code § 15610.27 defines an elder adult as any California resident who is 65 or older.

A dependent adult is generally a resident between 18 and 64 who has physical or mental limitations that restrict their ability to perform normal activities or protect their rights. This definition may include people with physical or developmental disabilities, as well as those whose abilities have diminished because of age. It also covers adults who are admitted as inpatients to certain 24-hour health care facilities. EADACPA recognizes several forms of abuse, including:

• Physical abuse, neglect, or abandonment
• Isolation, abduction, or treatment that causes pain or mental suffering
• Deprivation of goods or services needed to prevent harm
• Financial abuse

The Elder Abuse and Dependent Adult Civil Protection Act Continued

The act establishes special reporting requirements intended to bring suspected mistreatment to the attention of the proper authorities. Nursing home administrators, supervisors, licensed staff, health practitioners, and other care providers are generally mandated reporters.

When they observe, learn about, or reasonably suspect covered abuse, they must report it within the deadlines established by law. Reports involving long-term care facilities must be made to the appropriate agency. EADACPA also gives victims important remedies in civil cases.

When physical abuse, neglect, or abandonment is proven, and the defendant acted with recklessness, oppression, fraud, or malice, the law may require the negligent party to pay reasonable attorney and court fees. The law may also allow enhanced damages that would not be available through an ordinary negligence claim. These protections help victims and their families hold nursing homes accountable for serious misconduct.

The Statute of Limitations for Nursing Home Abuse Cases

Under California Code of Civil Procedure § 335.1, a person generally has two years to file a claim for an injury caused by someone else’s wrongful or negligent conduct. For a nursing abuse claim, that period commonly begins on the date that the resident was injured.

The deadline may begin later when the harm is not immediately apparent. Under the discovery rule, the limitations period may start when the resident or family discovered or reasonably should have discovered the injury and its likely cause. This exception can matter when a facility conceals abuse or when neglect produces symptoms that develop gradually.

Different deadlines can apply when the allegations involve professional negligence by a healthcare provider. California Code of Civil Procedure § 340.5 generally requires these claims to be filed within one year after the injury was discovered or reasonably should have been discovered, or three years after the injury occurred, whichever comes first.

Deadlines

If abuse or neglect causes a resident to pass away, eligible family members generally have two years from the date of death to file a wrongful death claim. Because the correct deadline depends on the facts and legal claims involved, families should have the case reviewed by an experienced Upland nursing home abuse attorney as soon as possible. Waiting can result in lost evidence or permanently prevent recovery.

The Difference Between Skilled Nursing Facilities and Assisted Living Facilities

Skilled nursing facilities (SNFs) and assisted living facilities serve different resident needs and operate under separate California licensing systems. Understanding the distinction can help families identify which rules apply when abuse, neglect, or inadequate care occurs.

A skilled nursing facility is a healthcare facility that provides continuous skilled nursing and supportive care. SNFs commonly serve people recovering from surgery, managing serious illnesses, or living with medical conditions that require ongoing professional attention. Services may include medication administration, wound care, rehabilitation, injections, and monitoring by licensed nurses. Some residents stay temporarily, while others require long-term nursing care.

Skilled Nursing Facilities

SNFs are licensed and inspected by the California Department of Public Health. They must follow state and federal healthcare regulations governing nursing services, care, planning, infection control, medication management, residents’ rights, and staffing. A facility’s obligations depend partly on each resident’s medical and personal needs.

A residential care facility for the elderly (RCFE), commonly called an assisted living facility or board-and-care home, is different. According to the California Department of Social Services, RCFEs provide housing with 24-hour non-medical care and supervision, generally for adults aged 60 and older.

Staff may help residents bathe, dress, eat, move around, manage medications, and complete other daily activities. RCFEs may provide certain incidental medical services under California law, but they are not licensed to provide continuous skilled nursing care.

Why It Matters

RCFEs are overseen by the Department of Social Services primarily through its Community Care Licensing Division. Their standards focus on personal care, supervision, food, accommodations, staffing, safety, resident assessments, and recognizing when a resident needs a higher level of medical care.

These classifications affect which agency investigates a complaint and which regulations determine whether the facility provided adequate care. However, both types of facilities must protect residents from abuse and neglect, respond to changing needs, and operate within the level of care authorized by their licenses.

FAQs

What Do I Do if I Suspect Nursing Home Abuse?

If you suspect that your loved one is experiencing abuse at their nursing home, it is necessary to report it. The unfortunate reality is that only around one in every 24 cases of nursing home abuse is actually reported to authorities. If you believe abuse is occurring, take photographs, gather your loved one’s medical records, facility reports, staffing logs and contact an attorney as soon as possible.

What Are Some Examples of Physical Abuse in a Nursing Home?

Physical abuse is one of the most common forms of abuse in nursing homes across California. The most common behaviors of this physical abuse include kicking, punching, pinching, the use of physical restraints, pushing, force-feeding, and striking a resident with or without an object, as well as other forms of physical punishment.

Can Financial Abuse Occur in a Nursing Home?

Yes, financial abuse can occur in nursing homes. Due to conditions like dementia or simply the unfamiliarity that many residents have with online banking, they can become targets of financial abuse. Signs of financial abuse can include any unexplained changes to a resident’s bank accounts or credit cards, any sudden changes to their will or power of attorney, and any unexplained withdrawals from any of their accounts.

How Can an Attorney Help Me in a Nursing Home Abuse Case in Upland, CA?

In Upland, CA, if you believe that your loved one is experiencing abuse at their nursing home, you need to hire a personal injury lawyer who can help you hold the liable party accountable for their actions. Your attorney can review your case, determine liability, uncover necessary evidence to prove liability, negotiate a settlement with the defendant’s legal team, and take your case to court if necessary.

Hire a Nursing Home Abuse Lawyer From Belgum, Fry & Van Allen Today

When you place a loved one into a nursing home in Upland, you are also placing your trust into the hands of those who run and work at the home. When this trust is betrayed through acts of abuse and neglect, Belgum, Fry & Van Allen is here to ensure that justice is served. When you hire a nursing home abuse lawyer from our firm, you gain the confidence that comes from having the right team in your corner. Contact our offices to schedule a free consultation today.